SECOND DIVISION

[A.C. No. 5398. December 3, 2002.]

ANTONIO A. ALCANTARA , complainant, vs . ATTY. MARIANO
PEFIANCO , respondent.
SYNOPSIS
Atty. Antonio A. Alcantara, District Public Attorney of the Public Attorney's Office in San
Jose, Antique filed a complaint against Atty. Mariano Pefianco for conduct unbecoming a
member of the Bar for using improper and offensive language and threatening and
attempting to assault complainant in the latter's office. In his Comment, respondent
Pefianco said that the sight of the crying woman, whose husband had been murdered,
moved him and prompted him to take up her defense. He said that he resented the fact
that complainant had ordered an employee to put a sign outside prohibiting "standbys"
from hanging around in the Public Attorney's Office. Accordingly, the Committee on Bar
Discipline of the Integrated Bar of the Philippines found that respondent committed the
acts alleged in the complaint and that he violated Canon 8 of the Code of Professional
Responsibility. For this reason, it recommended that respondent be reprimanded and
warned that repetition of the same will be dealt with more severely in the future.
The Court found the recommendation of the IBP Committee on Bar Discipline to be well
taken. Canon 8 of the Code of Professional Responsibility admonishes lawyers to conduct
themselves with courtesy, fairness and candor toward their fellow lawyers. Lawyers are
duty bound to uphold the dignity of the legal profession. They must act honorably, fairly
and candidly toward each other and otherwise conduct themselves without reproach at all
times. In this case, respondent's meddling in a matter in which he had no right to do so
caused the untoward incident. He had no right to demand an explanation from Atty. Salvani
why the case of the woman had not or could not be settled. Even so, Atty. Salvani in fact
tried to explain the matter to respondent, but the latter insisted on his view about the case.
Thus, considering that this is the first offense, Atty. Pefianco was fined in the amount of
one thousand pesos (P1,000) and reprimanded.
SYLLABUS
1.
LEGAL ETHICS; CODE OF PROFESSIONAL RESPONSIBILITY; LAWYERS MUST
CONDUCT THEMSELVES WITH COURTESY, FAIRNESS AND CANDOR TOWARD THEIR
FELLOW LAWYERS. Canon 8 of the Code of Professional Responsibility admonishes
lawyers to conduct themselves with courtesy, fairness and candor toward their fellow
lawyers. Lawyers are duty bound to uphold the dignity of the legal profession. They must
act honorably, fairly and candidly toward each other and otherwise conduct themselves
without reproach at all times.
2.
ID.; ID.; ID.; VIOLATED BY A LAWYER WHO MEDDLED IN A MATTER WHICH HE HAD
NO RIGHT TO DO SO. In this case, respondent's meddling in a matter in which he had no
right to do so caused the untoward incident. He had no right to demand an explanation
from Atty. Salvani why the case of the woman had not or could not be settled. Even so,
Atty. Salvani in fact tried to explain the matter to respondent, but the latter insisted on his
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view about the case. Respondent said he was moved by the plight of the woman whose
husband had been murdered as she was pleading for the settlement of her case because
she needed the money. Be that as it may, respondent should realize that what he thought
was righteous did not give him the right to demand that Atty. Salvani and his client,
apparently the accused in the criminal case, settle the case with the widow.
3.
ID.; ID.; ID.; RESPONDENT'S MORAL RIGHTEOUSNESS WAS NEGATED BY THE WAY
HE CHOSE TO EXPRESS HIS INDIGNATION. Even when he was being pacified,
respondent did not relent. Instead he insulted and berated those who tried to calm him
down. Two of the witnesses, Atty. Pepin Marfil and Robert Minguez, who went to the Public
Attorney's Office because they heard the commotion, and two guards at the Hall of
Justice, who had been summoned, failed to stop respondent from his verbal rampage.
Respondent ought to have realized that this sort of public behavior can only bring down the
legal profession in the public estimation and erode public respect for it. Whatever moral
righteousness respondent had was negated by the way he chose to express his
indignation. An injustice cannot be righted by another injustice.
4.
ID.; ID.; ID.; PENALTY FOR VIOLATION THEREOF. Atty. Mariano Pefianco is found
GUILTY of violation of Canon 8 of the Code of Professional Responsibility and, considering
this to be his first offense, is hereby FINED in the amount of P1,000.00 and REPRIMANDED
with a warning that similar action in the future will be sanctioned more severely.
TDcHCa

DECISION
MENDOZA , J :
p

This is a complaint against Atty. Mariano Pefianco for conduct unbecoming a member of
the bar for using improper and offensive language and threatening and attempting to
assault complainant.
IASTDE

The complainant, Atty. Antonio A. Alcantara, is the incumbent District Public

Attorney of the Public Attorney's Of ce in San Jose, Antique. He alleged that on May 18,
2000, while Atty. Ramon Salvani III was conferring with a client in the Public Attorney's
Of ce (PAO) at the Hall of Justice in San Jose, Antique, a woman approached them.
Complainant saw the woman in tears, whereupon he went to the group and suggested
that Atty. Salvani talk with her amicably as a hearing was taking place in another room.
At this point, respondent Atty. Mariano Pe anco, who was sitting nearby, stood up and
shouted at Atty. Salvani and his client, saying, "Nga-a gina-areglo mo ina, ipapreso ang
imo nga kliyente para mahibal-an na anang sala." ("Why do you settle that case? Have
your client imprisoned so that he will realize his mistake.")
Complainant said he was surprised at respondent Pefianco's outburst and asked him to
cool off, but respondent continued to fulminate at Atty. Salvani. Atty. Salvani tried to
explain to respondent that it was the woman who was asking if the civil aspect of the
criminal case could be settled because she was no longer interested in prosecuting the
same. Respondent refused to listen and instead continued to scold Atty. Salvani and the
latter's client.
As head of the Office, complainant approached respondent and asked him to take it easy
and leave Atty. Salvani to settle the matter. Respondent at first listened, but shortly after he
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again started shouting at and scolding Atty. Salvani. To avoid any scene with respondent,
complainant went inside his office. He asked his clerk to put a notice outside prohibiting
anyone from interfering with any activity in the Public Attorney's Office.
Complainant said that he then went out to attend a hearing, but when he came back he
heard respondent Pefianco saying: "Nagsiling si Atty. Alcantara nga pagwa-on na kuno ako
dya sa PAO, buyon nga klase ka tawo." ("Atty. Alcantara said that he would send me out of
the PAO, what an idiot.") Then, upon seeing complainant, respondent pointed his finger at
him and repeated his statement for the other people in the office to hear. At this point,
according to complainant, he confronted respondent Pefianco and told him to observe
civility or else to leave the office if he had no business there. Complainant said respondent
resented this and started hurling invectives at him. According to complainant, respondent
even took a menacing stance towards him.
This caused a commotion in the office. Atty. Pepin Marfil and Mr. Robert Minguez, the
Chief of the Probation Office, tried to pacify respondent Pefianco. Two guards of the Hall
of Justice came to take respondent out of the office, but before they could do so,
respondent tried to attack complainant and even shouted at him, "Gago ka!" ("You're
stupid!") Fortunately, the guards were able to fend off respondent's blow and complainant
was not harmed.
Complainant also submitted the affidavits of Atty. Ramon Salvani III, Felizardo Del Rosario,
Atty. Pepin Joey Marfil, Robert Minguez, Herbert Ysulat and Ramon Quintayo to
corroborate his allegations.
In his Comment and Counter-Complaint, respondent Pefianco said that the sight of the
crying woman, whose husband had been murdered, moved him and prompted him to take
up her defense. He said that he resented the fact that complainant had ordered an
employee, Napoleon Labonete, to put a sign outside prohibiting "standbys" from hanging
round in the Public Attorney's Office.
Respondent claimed that while talking with Atty. Salvani concerning the woman's case,
complainant, with his bodyguard, arrived and shouted at him to get out of the Public
Attorney's Office. He claimed that two security guards also came, and complainant
ordered them to take respondent out of the office. Contrary to complainant's claims,
however, respondent said that it was complainant who moved to punch him and shout at
him, "Gago ka!" ("You're stupid!")
Prior to the filing of the present complaint, respondent Pefianco had filed before the Office
of the Ombudsman an administrative and criminal complaint against complainant.
However, the complaint was dismissed by the said office.
The Committee on Bar Discipline of the Integrated Bar of the Philippines found that
respondent committed the acts alleged in the complaint and that he violated Canon 8 of
the Code of Professional Responsibility. The Committee noted that respondent failed not
only to deny the accusations against him but also to give any explanation for his actions.
For this reason, it recommended that respondent be reprimanded and warned that
repetition of the same act will be dealt with more severely in the future.
We find the recommendation of the IBP Committee on Bar Discipline to be well taken.
The evidence on record indeed shows that it was respondent Pefianco who provoked the
incident in question. The affidavits of several disinterested persons confirm complainant's
allegation that respondent Pefianco shouted and hurled invectives at him and Atty. Salvani
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and even attempted to lay hands on him (complainant).

Canon 8 of the Code of Professional Responsibility 1 admonishes lawyers to conduct
themselves with courtesy, fairness and candor toward their fellow lawyers. Lawyers are
duty bound to uphold the dignity of the legal profession. They must act honorably, fairly
and candidly toward each other and otherwise conduct themselves without reproach at all
times. 2
In this case, respondent's meddling in a matter in which he had no right to do so caused
the untoward incident. He had no right to demand an explanation from Atty. Salvani why
the case of the woman had not or could not be settled. Even so, Atty. Salvani in fact tried to
explain the matter to respondent, but the latter insisted on his view about the case.
Respondent said he was moved by the plight of the woman whose husband had been
murdered as she was pleading for the settlement of her case because she needed the
money. Be that as it may, respondent should realize that what he thought was righteous
did not give him the right to demand that Atty. Salvani and his client, apparently the
accused in the criminal case, settle the case with the widow. Even when he was being
pacified, respondent did not relent. Instead he insulted and berated those who tried to
calm him down. Two of the witnesses, Atty. Pepin Marfil and Robert Minguez, who went to
the Public Attorney's Office because they heard the commotion, and two guards at the Hall
of Justice, who had been summoned, failed to stop respondent from his verbal rampage.
Respondent ought to have realized that this sort of public behavior can only bring down the
legal profession in the public estimation and erode public respect for it. Whatever moral
righteousness respondent had was negated by the way he chose to express his
indignation. An injustice cannot be righted by another injustice.
WHEREFORE, Atty. Mariano Pefianco is found GUILTY of violation of Canon 8 of the Code
of Professional Responsibility and, considering this to be his first offense, is hereby FINED
in the amount of P1,000.00 and REPRIMANDED with a warning that similar action in the
future will be sanctioned more severely.
SO ORDERED.

Bellosillo, Quisumbing, Austria-Martinez and Callejo, Sr., JJ., concur.

Footnotes

1.

Canon 8: "A lawyer shall conduct himself with courtesy, fairness and candor toward his
professional colleagues, and shall avoid harassing tactics against opposing counsel."

2.

De Ere v. Rubi, 320 SCRA 617 (1999).

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